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Resources

The Cap on Medical Malpractice Awards Now Increases Yearly

The following statute of interest was enacted recently by the Virginia General Assembly: Va. Code § 8.01 – 581.15.

This statute increased the cap in medical malpractice cases from the old limit of $2 million, by $50,000 per year, commencing 7/1/2012. Effective 7/1/2031, the cap will be $3 million.

This legislation was the result of bipartisan negotiations between the plaintiff’s bar and representatives from the health care sector. The malpractice cap in Virginia, unlike the cap in some jurisdictions, includes pain and suffering as well as economic loss, and provides an absolute limitation upon the total recovery by an individual injured due to professional negligence. The validity of the prior cap has been upheld by the Virginia Supreme Court. (HB 1459 and SB 771).

For more information, or copies of the statute, please contact Ben Trichilo at (703) 934-1198.

Disclaimer: This firm only offers legal advice to clients, and the facts of a particular situation usually drive the legal advice we give to clients. This message is not intended to be legal advice appropriate for all situations.